David Grill and Joshua Tare Victorious in Proceeding before the Division of Housing and Community Renewal

March 27, 2013 | Appeals

David Grill and Joshua Tare, partners in the firm’s Litigation & Appeals practice group, where victorious in the denial of a petition for administrative review In the Matter of the Administrative Appeal of Marguerite Klobe.

Tenant filed a complaint (“Complaint”) at the Division of Housing and Community Renewal (“DHCR”) seeking a reduction in her regulated rent based upon the allegation of a decrease in services in her Apartment.  Specifically, the Tenant alleged that the Landlord had not maintained the Apartment properly and that numerous conditions existed in the Apartment that were in need of repair.  The Landlord filed opposition to the Complaint alleging that the Tenant previously failed to provide access to the Landlord to make the necessary repairs to the Apartment, but when the Tenant finally granted Landlord access to the Apartment all the alleged conditions that existed in the Apartment were remediated.  The DHCR conducted an inspection of the Apartment.  After the inspection, the Rent Administrator found that the services complained of were all being provided and issued an order denying the Tenant’s request for a rent reduction and dismissed the Complaint.  

The Tenant filed a Petition for Administrative Review (“PAR”) seeking to overturn the decision of the Rent Administrator.  In the PAR the Tenant alleged, among other things, that at the time of the inspection of the Apartment the Landlord covered up the service deficiencies and that the Landlord only made temporary or cosmetic repairs to the Apartment.  The Landlord filed opposition to the PAR.  The Deputy Commissioner, in denying the Tenant’s PAR, found that the Rent Administrator properly relied on the inspector’s report in determining that the Landlord was maintaining the required services and that other issues raised by the Tenant in the PAR were not before the Rent Administrator and therefore not appropriate for review in the PAR.

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Decision

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